What is a “generic” name?
A generic word is one used by much of the public to refer to a class or category of product or service. A generic name can not be protected or registered as a trademark or service mark. For example, no one seller can have trademark rights in “telephone” or “oven.” If a seller did have exclusive rights to call something by its recognized name, it would amount to a practical monopoly on selling that type of product. Even established trademarks can lose their protection if they are used generically: thermos and escalator are famous examples.
A word used by the majority of the public to name a class or category of product or service. A generic name cannot be protected or registered as a trademark or service mark. For example, no seller can have trademark rights in “telephone” or “oven.” If a seller did have exclusive rights to call something by its recognized name, it could amount to a monopoly on selling that type of product. >>top Question: What are “actual and statutory damages” for a right of publicity claim? Answer: In a right of publicity claim, actual damages is the loss the plaintiff suffered due to the misappropriation of identity. The statutory damages is a minimum fine the court can assess, particularly if actual damages are difficult to assess. In California the minimun for statutory damages is $300.
